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(영문) 창원지방법원 2017.08.18 2017고단2072
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On April 28, 2017, the Defendant driven the above car at around 16:18, and proceeded to the direction of the sexual plaza in the direction of the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the 899-ro, the intersection between South and North Korea.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving duty to drive safely according to the signals.

Nevertheless, the Defendant neglected to stop the vehicle and escaped without taking necessary measures, such as immediately stopping and aiding the damaged person, even though the victim D (W, 42 years old)'s front part of the E-Stop vehicle in the front part of the E-Stop vehicle in the front part of the said rocketing-top vehicle, which is driven by the Defendant to the left side from the right side of the Defendant's running direction. At the same time, the Defendant suffered an injury to the victim, such as salt, tension, etc. in need of approximately two weeks of care, and at the same time, damaged the said Non-Stop vehicle to repair the 548,711 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-3 (1) 2 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (do referred to as "main sentence") and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. After the sentencing of Article 62-2 of the Criminal Act on an order to attend a lecture was injured by one-year aggravated punishment on the basis of the reduction of the types of punishment, the sentence of the recommendation for the reduction of punishment (unlimited to punishment) factors: the mitigation area (from June to 1): the general sentencing factors (violation of signal) and the mitigation factors (comprehensive insurance): the sentence of one-year imprisonment: 1-year imprisonment: 10 months of suspended sentence; 2 years of suspended sentence; 40 hours increased by 40 hours: the final criminal intent.

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